AFFIRMATION. AFFRAY. An affray signifies the fighting of two or more persons in some public place, to the terror of her Majesty's subjects.3 Inst. 158; 3 Bl. Com. 144; 1 Burn. Just. Affray, 1. An affray differs from a riot in this, that two persons only may be guilty of it; whereas three persons, at least, are necessary to constitute a riot.-Haw. c. 65, § 1. Persons going armed with such dangerous and unusual weapons as will naturally cause terror to the people, are guilty of an affray which is said to have been always an offence at common law, and is strictly prohibited by several statutes.-1 Haw. c. 63, § 2, 4. A constable is not only empowered, but bound, to suppress an affray which happens in his presence; and he may demand the assistance of others to enable him to do so, which if they refuse, they are punishable by fine and imprisonment.Ibid. 3, 13. A justice of the peace may, by his warrant, authorise the arrest of any person for an affray, and may compel the offender to find sureties of the peace. But he cannot do this without a warrant, when the affray is out of his view.— 1 Haw. c. 63, § 18. This offence is in general punishable by fine and imprisonment, the measure of which is to be regulated by the discretion of the judges, according to the circumstances of the case.-1 Haw. c. 63, § 30. County of to wit. Indictment for an Affray. (Archbold.) The jurors for our Lady the Queen upon their oath present, that J. S., late of the township of in the county of labourer, and J. W., of the same, carpenter, on the day of in the year of the reign of our Sovereign Lady Victoria, with force of arms, in the township aforesaid, in the county aforesaid, and being unlawfully assembled together and arrayed in a warlike manner, then and there, in a certain public street and highway there situate, unlawfully and to the great terror and disturbance of divers liege subjects of our said Lady the Queen, then and there being, did make an affray, in contempt of our said Lady the Queen and her laws, to the evil example of all others in the like cause offending, and against the peace of our said Lady the Queen, her crown and dignity. AGENT. By 10 & 11 V., c. 10, § 7, if any agent entrusted, as in the act mentioned, (a) shall contrary to, or without the authority of his principal in that behalf, for his own benefit, in viola tion of good faith, make any consignment, deposit, transfer, or delivery of any goods and merchandize, or documents of title so entrusted to him as aforesaid, as and by way of a pledge, (gage,) lien and security, or shall contrary to or without such authority for his own benefit, and in violation of good faith accept any advance on the faith of any contract or agreement to consign, deposit, transfer or deliver such goods and merchandize, or documents of title aforesaid, every such agent shall be deemed guilty of a misdemeanor, and being convicted thereof shall be sentenced to suffer such punishment by fine or imprisonment in the common gaol for any time not exceeding two years, or by both, as the court having jurisdiction in such cases shall award: and every clerk or other person who shall knowingly act and assist in making any such consignment, deposit, transfer or delivery, or in accepting or procuring such advance as aforesaid, shall be deemed guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court, to any of the punishments which such court shall award as hereinbefore mentioned. AGRICULTURAL AND MECHANICAL SCIENCE. By 20 V., c. 32, § 1, the 16 V., c. 11 is repealed, but all acts thereby repealed, shall remain repealed and the bureau of agriculture, and all agricultural societies, associations and boards of agriculture, incorporated, organised or established under the said act shall continue except as altered or affected by this act. BUREAU OF AGRICULTURE. § 2. To continue attached to one of the public departments, and the head of such department shall be charged with the direction of the said bureau, and be known as the "Minister of Agriculture." § 3. Said minister shall be ex officio member of all boards of agriculture; and it shall be lawful for said boards to elect from among themselves a president and vicepresident at their first and annual meetings thereafter. § 4. Said minister to receive all applications, descriptions, specifications and models for patents for inventions. § 5. Said minister shall also be a member of the board of registration and statistics in place of the Inspector-General, and shall be chairman thereof, and have charge of the census and (a) See the act. statistical returns. § 6. It shall be the duty of said minister to institute inquiries and collect statistics relating to the agricultural, mechanical and manufacturing interests of the province, and to adopt measures for disseminating the same: and shall submit a report of his proceedings to parliament within ten days after the opening of each session. § 7. All Boards of Agriculture and other institutions are required to answer promptly official communications from the Board of Agriculture; and any officer wilfully neglecting to answer shall incur the penalty of £10. § 8. The said minister authorised to appoint persons to inspect the books and accounts of any society receiving government aid in connexion with said Bureau of Agriculture. BOARDS OF AGRICULTURE. § 9. Presidents for the time being of the agricultural associations hereinafter mentioned, and all professors of agriculture in chartered colleges, universities, and other educational institutions, and the chief superintendents of education in Upper and Lower Canada, shall respectively be members ex officio of the Board of Agriculture of their locality. § 10.. Four members of the said board to retire annually, each seat being vacated every alternate year. The name of such retiring members to be published in the local agricultural journals. § 11. The county agricultural societies, shall at their annual meetings in January, nominate four fit and proper persons to be members of the said boards, and transmit their names to the bureau, and the four persons who shall have been nominated by the greatest number of societies shall be members in the place of those vacating their seats: casual vacancies to be filled up by the Governor. § 12. In case of an equality of votes, the Minister of Agriculture shall decide, and notify the result to the board. § 13. Members of the board to be allowed their actual expenses only in attending regular meetings. Each board may appoint a secretary at a reasonable salary. § 14. The regular meeting of the boards shall be held pursuant to adjournment, or be called by the secretary at the instance of the president or vice-president, or upon the written request of any three members, and five days' notice given. In the absence of the president and vice-president, a chairman to be appointed pro tem. Five members to be a quorum. § 15. It shall be the duty of the board to receive the reports of agricultural societies, and before granting the certificates hereinafter mentioned, to see that they have complied with the law; to take measures, with the approbation of the minister, to procure and set in operation a model, illustrative, or experimental farm or farms in their respective localities, and in connexion with any public school, college, or university, or otherwise, and to manage and conduct the same; to collect and establish at Toronto and Montreal, an agricultural museum, and an agricultural and horticultural library; to take measures to obtain from other countries animals of new or improved breeds, new varieties of grain, seeds, vegetables or other agricultural productions; new or improved implements of husbandry, or new machines which may appear adapted to facilitate agricultural operations, and to test the quality, value and usefulness of such animals, grains, seeds, vegetables or other productions, implements or machines, and generally to adopt every means in their power to promote improvement in the agriculture of this province; and said boards shall keep a record of their transactions, and from time to time publish in such manner and form, so as to secure the widest circulation among the agricultural societies, and farmers generally, all such reports, essays, lectures and other useful information as the said boards may procure and adjudge suitable for publication. And if the board shall publish a monthly journal, or adopt the agricultural journals now published, agricultural societies receiving any share of the government grant shall give at least one month's notice of the time and place of holding their exhibitions in such journals. § 16. Said boards shall transmit to the bureau, a copy of their resolutions and by-laws, or other formal proceedings immediately after the adoption thereof: and every resolution, by-law or other proceeding, involving an expenditure exceeding £10, shall not be passed except with the assent of a majority of the members. § 17. Boards incorporated with power to hold land, &c. BOARD OF ARTS AND MANUFACTURES. § 18. Incorporation of "the Board of Arts and Manufactures for Upper Canada." § 19. Incorporation of a similar board for Lower Canada. § 20. Said corporations to consist of the Minister of Agriculture for the time being, (ex officio); the professors of and lecturers on the various branches of physical science in all the chartered universities and colleges in Upper and Lower Canada; the chief superintendents in both sections for the time being, (ex officio); the president for the time being, and one delegate from each of the Boards of Trade; the presidents of and delegates from each of the incorporated Mechanics' Institutes, or of any incorporated arts associations qualified as hereinafter mentioned, in Upper and Lower Canada, to be chosen annually as hereinafter provided. § 21. Said corporations 1 empowered to hold real or immoveable property for corporate purposes. § 22. The Board of Trade in each city and town in Upper Canada, authorised at its first meeting in January, annually to elect and accredit one of its members to the Board of Arts, &c., for Upper Canada. § 23. Contains a similar provision with respect to the Boards of Trade in Lower Canada. § 24. Each incorporated Mechanics' Institute in both sections, authorised at its first meeting in January, annually, to elect and accredit to said Board of Arts, &c., one delegate for every twenty members on its roll, being actual working mechanics or manufacturers. Provided that such Mechanics' Institute shall have contributed to the funds of such board, at least one tenth of the government aid to such institute for the year previous. § 25. The auditor shall transmit to the Board of Arts, &c., in March annually, statements of the number of members on the books, and the revenue of each institute, exclusive of provincial aid. § 26. The names of the delegates to be transmitted by the secretary of the institute, to the secretary of the proper board, with affidavit by the secretary of such institute, sworn before a justice, of the names of all the members on the roll, being actual working mechanics or manufacturers, and having paid subscriptions of at least 5s. each to its fund for the last year. § 27. It shall be the duty of the Board of Arts, &c., to take measures with the approbation of the Minister of Agriculture to collect and establish at Toronto and Montreal for the instruction of practical mechanics and artizans, museums of minerals and other material substances and chemical compositions susceptible of being used in mechanical arts and manufactures, with models of works of art, and of implements and machines other than implements of husbandry, and free libraries of reference, containing books, plans and drawings, selected with a view of imparting useful information in connexion with mechanical arts and manufactures, to take measures to obtain from other countries new or improved implements and machines (not agricultural), to test the quality, value and usefulness of the same, and generally to adopt every means in their power to promote improvement in mechanical arts and manufactures. And the Minister of Agriculture may cause duplicates or copies of patented inventions to be placed in the model room, museums or libraries of said Board of Arts, &c. Said boards authorised with the consent of the Minister of Agriculture to establish in connexion with their museums, model rooms or libraries, schools of design for women, on the most approved plan, and furnished and supplied in the most complete and appropriate manner, that the funds at their disposal |